Last revision: March 27, 2019
How you interact with AbleTo
The Site Does Not Provide Medical Advice
None of the Site content should be considered medical advice or an endorsement, representation or warranty that any particular medication or treatment is safe, appropriate, or effective for you. The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AbleTo Services. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
Behavioral Health Services
The licensed clinical social workers who deliver Services through AbleTo are independent professionals practicing within a group of independently owned professional practice. AbleTo, Inc. does not practice clinical social work or any other licensed profession, and does not interfere with the practice of licensed clinical social worker or any other licensed profession by licensed clinicians, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license. Neither AbleTo nor any third parties who promote the Services or provide you with a link to the Services shall be liable for
any professional advice you obtain from a licensed clinical social worker via the Services. Reliance on any information provided by AbleTo, AbleTo employees, other parties who are accessible to you via the Services at the invitation of AbleTo, other users of the Services, or affiliates of AbleTo is solely at your own risk.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at firstname.lastname@example.org.
Ownership of Content
Site Registration and Login
To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a site registration or log-in process. In addition, certain features of our Services are only available to our customers, and to access those areas of the Services you will be required to log in using your username or email and password. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact
you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information. You are responsible for all activity occurring when the Services are accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
Text Messages and Electronic Communications
conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Changes to the Services
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), any portion of the Services. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
Payments and Billing
Your use of the Services may be subject to payments now or in the future, depending on the type of account you register with AbleTo. You agree to pay all applicable fees associated with your use of the Service.
If your AbleTo account is sponsored by your employer or another entity (such as an insurance provider or benefits company) (a “Sponsor”), your use of the Services may be free or subject to a discount, but we reserve the right to charge our standard pricing for certain or all Services in the future. If your relationship with your Sponsor terminates or if our arrangement with your Sponsor terminates or expires, you must pay all applicable fees in accordance AbleTo’s then current standard pricing in order to continue using the Services.
We control and operate the Services from our facilities in the United States of America, and unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Applicable Law; No Waiver; Severability
a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.
Binding Individual Arbitration
Purpose. The term “Dispute” means any dispute, claim, or controversy between you and us or any of our affiliates regarding the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or
scope of this Section (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced. If you have a Dispute with us or any affiliate of ours or any of our or their officers, directors, employees or agents that cannot be resolved through negotiation, you and the entity that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH US OR ANY OF OUR AFFILIATES, YOU MUST SEND WRITTEN NOTICE TO ABLETO, INC, 320 W. 37TH ST, 11TH FLOOR, NEW YORK, NEW YORK 10018 TO GIVE US OR OUR AFFILIATE YOU HAVE A DISPUTE WITH THE OPPORTUNITY TO RESOLVE THE DISPUTE.
INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we, or our affiliate you have a Dispute with, does not resolve your Dispute within 60 days from receipt of notice of e Dispute, you, us or our affiliate you have a Dispute with may pursue your claim in arbitration
pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND THE ENTITY WITH WHICH YOU HAVE A DISPUTE SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute
will be decided by a court and you and the entity you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
ANY DISPUTE NOT SUBJECT TO ARBITRATION AND NOT INITIATED IN SMALL CLAIMS COURT WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION ONLY IN THE STATE OR FEDERAL COURTS LOCATED IN,
SITTING IN NEW YORK COUNTY, CALIFORNIA, AND AGREES NOT TO PLEAD OR CLAIM IN SUCH COURTS THAT ANY SUCH ACTION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE OR SERVICES IS AT YOUR SOLE RISK. WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY, TERMS OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES, TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR
DISTRIBUTION OF THE SERVICES, AND ANY OF THEIR EMPLOYEES AND AGENTS.
Limitations of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL ABLETO OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE.
Copyright Infringement Notices
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing. If you believe in good faith that materials appearing on the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked as provided under the Digital Millennium Copyright Act of
1998 (the “DMCA”). In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counternotice.
Notices and counter-notices must meet statutory requirements imposed by the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to AbleTo, Inc., 320 W. 37th Street, 11th Floor, New York, NY 10018.
AbleTo is the brand name used for products and services provided by one or more professional services entities, including AbleTo Behavioral Health Services, P.C., that is managed by or affiliated with AbleTo Inc., a management company.